The executor (marmessor) under Catalan law
The executor is the figure that can unblock an estate without needing unanimity. Accepting the role, however, carries liability, and it is worth knowing what you are taking on.
What an executor is here
The person appointed by the testator to carry out their wishes. Under Catalan law they are called a *marmessor* and have their own statutory regime.
There are two types. The universal executor is charged with delivering the estate or administering and winding it up, with broad powers including partition. The particular executor is given specific tasks.
Why it matters in a contested estate
A partition carried out by a universal executor with partition powers is valid without the unanimous agreement of the heirs.
That is the practical value: where disagreement is expected, appointing an executor stops a single heir blocking the division indefinitely and saves an entire court procedure.
Deadline, remuneration and liability
The role is voluntary, but once accepted it must be carried out, and the executor is liable for loss caused by negligence.
Unless the testator provides otherwise, a universal executor is entitled to statutory remuneration based on the value of the estate.
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About this guide.
Can the executor divide the estate without the heirs agreeing?+
A universal executor with partition powers can. A particular executor may only carry out the specific task entrusted to them.